BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 206|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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THIRD READING
Bill No: SB 206
Author: Kehoe (D)
Amended: 3/15/11
Vote: 27 - Urgency
SENATE APPROPRIATIONS COMMITTEE : 6-0, 4/11/11
AYES: Kehoe, Walters, Emmerson, Pavley, Price, Runner
NO VOTE RECORDED: Alquist, Lieu, Steinberg
SUBJECT : Claim against the state: Chiropractic Board
SOURCE : State Board of Chiropractic Examiners
DIGEST : This bill appropriates $600,000 from the State
Board of Chiropractic Examiners' Fund to the State Board of
Chiropractic Examiners (BCE) to pay for the settlement in
the case of Catherine Hayes v. Board of Chiropractic
Examiners (Sacramento County Superior Court, Case No.
34-2008-0000647). Any funds appropriated in excess of the
amounts required for payment of this claim shall revert to
the BCE's Fund on June 30 of the fiscal year in which the
final payment is made.
ANALYSIS :
Catherine Hayes v. Board of Chiropractic Examiners
Sacramento County Superior Court, Case No. 34-2008-0000647
$600,000 stipulated settlement:
The BCE agreed to a stipulated settlement with the former
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SB 206
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Board Executive Officer, Catherine Hayes, to settle this
case. Pursuant to the settlement agreement, the BCE agreed
to pay Hayes a total sum of $600,000 in full settlement of
this case.
Hayes had alleged the BCE retaliated against her,
terminating her employment as a result of (1) her testimony
and cooperation in criminal investigations and prosecutions
of chiropractors in the County of San Joaquin relating to
the practice of manipulation under anesthesia; (2)
conspiring to affect the outcome of criminal prosecutions
by voting to recognize manipulation under anesthesia as
falling within the chiropractic scope of practice; (3)
intimidating witnesses called to testify in the criminal
proceedings, (4) her reprimand of BCE members for
presumptively violating the Bagley-Keene Open Meetings Act
through serial communications outside the board meetings;
(5) her refusal to illegally terminate the employment of a
civil service employee against the BCE's demands; (6)
gender discrimination in hiring and pay for replacement
executive officers; and (7) defamation based on an article
written about the policies and practices of the BCE staff.
The BCE, represented by the Department of Justice, recently
suffered an adverse verdict at trial in a case in which the
department had advised presented little or no liability
exposure. The jury award exceeded $1,000,000 in
compensatory damages, with an award of attorney's fees and
costs in excess of $1,000,000 to be determined by the
court. The facts and circumstances of the Hayes dispute
combined with the recent experience at trial compelled the
settlement resolution.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Appropriates $600,000 from the Board of Chiropractic
Examiners' Fund.
SUPPORT : (Verified 4/12/11)
State Board of Chiropractic Examiners (source)
SB 206
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DLW:kc 4/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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